- 1 - HC-KAR NC: 2025:KHC:40108 CRL.P No. 6158 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 6158 OF 2025 BETWEEN: LINGARAJU M S/O MARANNA, AGED ABOUT 41 YEARS, R/AT NO. 98/A, 44TH CROSS, 7TH MAIN, 4TH BLOCK, RAJAJINAGAR, BENGALURU - 560 010. …PETITIONER (BY SRI. ASHWATH C.M.,ADVOCATE) AND: RAGHAVENDRA J S/O LATE JAYAPPA, AGED ABOUT 44 YEARS, R/AT NO. 2920, 2ND FLOOR, 8TH MAIN, GANESHA TEMPLE, KUMARASWAMY LAYOUT, BENGALURU - 560 078. …RESPONDENT (BY SRI. C SHANKAR REDDY, ADVOCATE) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE JUDGMENT DATED 07.01.2025 PASSED BY THE HONBLE XXII A.C.J.M AT BENGALURU IN C.C.NO.43851/2024 FOR THE OFFENCE P/U/S 138 OF N.I ACT Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:40108 CRL.P No. 6158 of 2025 AND REMAND THE MATTER TO THE HONBLE TRIAL COURT FOR FRESH DISPOSAL IN ACCORDANCE WITH LAW BY GIVING OPPORTUNITY OF FRESH TRIAL. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER The Order dated 07.01.2025 passed by the learned 22nd Additional Chief Judicial Magistrate at Bangalore in C.C.No.43851/2024, convicting the accused for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, is challenged in this petition preferred under Section 528 of BNSS, 2023. 2. Section 415(3)(a) of BNSS, 2023, provides an appeal to be preferred before the Court of Sessions against the judgment of conviction and sentence passed on a trial held in such cases. - 3 - HC-KAR NC: 2025:KHC:40108 CRL.P No. 6158 of 2025 3. The Learned counsel for the petitioner seeks permission of the court to withdraw the petition and file an appeal before the Sessions Court. 4. Keeping open all the contentions and reserving liberty as sought for, the petition is dismissed. 5. It is needless to say that the Sessions Court shall consider the time taken by the petitioner to prosecute this petition while dealing with the application seeking condonation of delay. I.A.No.3/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE YN List No.: 1 Sl No.: 24